Category Archives: IP Litigation

Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?



The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here or read Eric’s article about this case here.

Continue reading Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?


SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional



The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey and Eric Caligiuri discuss this case on this installment of The Briefing. 

Watch this episode on the Weintraub YouTube channel here.

Continue reading SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional


Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?



Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park Five case. Scott Hervey and Tara Sattler discuss this dispute on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?


Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions



Failure to disclose certain relationships with a third party may result in significant consequences from the court. Scott Hervey and Eric Caligiuri talk about this on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions


Is Warhol Bad for Documentarians?



There is some concern that the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith will harm the documentary filmmaking community. Scott Hervey and Tara Sattler discuss the implications of this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading Is Warhol Bad for Documentarians?


The Supreme Court Limits the Reach of The Lanham Act



The U.S. Supreme Court recently decided that trademark infringement claims under the Lanham Act only apply if the infringing “use in commerce” occurs in the United States. Scott Hervey and Tara Sattler talk about this case on this installment of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading The Supreme Court Limits the Reach of The Lanham Act


Court Rules Litigation Funding Not Relevant in Netflix v. GoTV



A court denied Netflix’s request for GoTV Streaming to supply documents relating to the source of its patent litigation funding. Scott Hervey and Eric Caligiuri discuss this dispute on this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

Read more about this case here.


No Beating Around the Bush: TTAB Upholds Anti-Pot Policy



The Trademark Trial and Appeals Board denied an application to register a trademark for essential oil dispensers meant to fill smoking devices with cannabis-based oils. Scott Hervey and Tara Sattler talk about this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading No Beating Around the Bush: TTAB Upholds Anti-Pot Policy


Woodward Asks Court to Dump Trump’s Complaint



Journalist Bob Woodward asked the court to dismiss former President Trump’s copyright infringement claim regarding Woodward’s audio book “The Trump Tapes,” which consists of 20 raw audio interviews with Trump. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

Cases Discussed:

  • Trump v. Woodward
  • Taggart v. WMAQ Channel 5 Chicago

Continue reading Woodward Asks Court to Dump Trump’s Complaint


Rick Astley Sues Yung Gravy for Use of Imitation Voice in “Betty (Get Money)”



Singer Rick Astley is suing rapper Yung Gravy for vocal imitation in his smash hit, Betty (Get Money). Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

Continue reading Rick Astley Sues Yung Gravy for Use of Imitation Voice in “Betty (Get Money)”